Well It Had To Happen Eventually

[BamBams]

I'm driving home from work at 8pm tonight.  Three cars are behind me weaving in and out of traffic and going about 70mph.  The speed limit is 45mph.  I'm in the left lane because I had passed someone doing about 30mph up the mountain pass.

Anyway, these three cars go flying by me on the right hand side and disappear around a corner.  When I get around the corner, I am about 30 yards away from the last car that passed me and is spinning around in the middle of the road.  There is no place for me to go.....

Bang!  I crash right into his broadside while he is spinning around.  There were 6 witnesses, and the cops arrested the 18 year old for reckless driving.

Now I have no vehicle or way to get to work!  The State Police had to drive me home - <pout>

[Ron T.]

If the state police investigating the accident determined the 18 year old was at fault, then his auto insurance should pay for a rental car for your use until your vehicle is either repaired or judged to be "totalled"... and you purchase another vehicle within a "reasonable" time... I.E., you can't simply drive the rental car for more than a "reasonable" amount of time once the decision is made by his insurance company ( or your's if they must subrogate against the other person or their insurance company) whether to repair or "total" your car and appropriate action is taken to complete whatever decision has been made.

If he had no auto insurance or his insurance company refuses to pay for a rental vehicle for your use, then your insurance company should pick up the "tab" for the rental vehicle, then sue the other guy or the other guy's insurance company to recover their costs.  This action is called "subrogation".

Normally, the vehicle you rent has to be "similar" to your original vehicle... I.E., you can't rent a Mercedes or Cadillac to replace your wrecked Ford Pinto unless the cost of renting either a Mercedes or a Cadillac is the SAME COST as renting a vehicle similar to a Ford Pinto.

Of course, NO ONE pays for all the inconvenience and hassle you're put through completing all these tasks... not to mention the possible loss of an otherwise excellent vehicle that served you well and would have continued to do so!

Any time you have an accident... it's a "no win" proposition for the parties involved.  And never forget... their insurance company's "adjustor" is there to keep the cost of the accident to HIS COMPANY as low as possible. So "know" your rights as the "victim"!!!


Strength & Honor...

Ron T.

[williamlayton]

The main thing, in your case, is to get to work. Call a rental company a most will deliver or at least pick you up. Get to work and deal with the rest later.
Blessings

[chuckles]

Ron T gives good advice. Of course we are all hoping for your sake that the numbskull even has insurance. I don't think any more than 50% of the cars here in Nevada even have insurance, hope Colorado is better. Glad you weren't injured.

[BamBams]

Thank you SO MUCH for all the advice guys.  I've never been through this before, and I AM following all this good advice you gentlemen have posted for me.

As it turns out, the other did have insurance, but they won't work with me over the weekend - even though I am missing work.  I tried to get a rental car today - knowing that I won't have to pay for it, but since his "Farm Bureau" doesn't help victims over a weekend, I seem to be screwed.  The car rental place wants to treat me as a retail customer until I get a claim number from "Farm Bureau" which could take up until Wednesday.  I only have about $50.00 on my debit card for a deposit, and they require $250.00!!!  This wouldn't be such a challenge normally, but I live in a rural area 30 miles from my job.

I also left a message with an attorney just in case Evil Kenevil's insurance company tries to screw me over.  Which "appears" could happen somehow based on the attitudes of their "after hours" department who won't do anything for me.

As Bill said, my big challenge is trying to get work.  Seems that nobody around here is able to loan me a car, or take me to work during the strange hours that I am required to be there.  The one friend I have who would be there for me is out Elk hunting all week long!  

I called my boss, and this company (T-Mobile) is soooooooo adament about attendance, that I will be blemished with them, possibly even lose this job, if I cannot get this worked out quickly.  I am new there, so I'm still on probabtion also. I am doing my very best to work through these challenges, but so far, all I can do is get a ride today to the car rental place today and hope to God that they'll accept my card even though it only has about $50.00 on it.  Sheesh, even the people around me are flat broke right now.  

I'm praying for a miracle today!

[fe352v8]

Good luck with Farm Bureau, in my work for car dealers, handling subrogation, I have found them to rather obstinate in their payment of damages for the liabilities of their insureds.   In Kansas, Missouri, Oklahoma and Colorado, where I have direct experience of 9 accidents in the last 5 years, 5 required filling suit, where upon they settled, 3 went to mediation, and I we refused to settle and successfully sued them.

If you have full coverage, that includes rental, you can file with your own carrier and they will handle the subrogation including recovery of your deductible against Farm Bureau and provide you with a substitute auto under the terms of your policy.

 Some vocabulary words and terms you may find helpful, Vexatious Delay, the willful delaying of payment.  Unfair Claims Practice, visit the Colorado Insurance Commissioner’s web site.  Colorado may or may not allow collection of punitive damages against an insurance carrier for violations of its’ insurance regulations, in Kansas we can collect attorney fees but not punitive damages, Missouri allows both to be collected.

If you are forced to obtain an attorney, bring up the topic of Diminished Value, even repaired your vehicle is worth less than if it had not been wrecked.  Some states have enacted legislation, regarding diminished value, but if you are forced to bring suit it is an excellent bargaining chip.  If you are forced to retain consul, make sure it is one that has experience with insurance subrogation, and not one of the personal damages types whose interests are mainly to get the maximum contingency fee available.  I normally see fee’s that range between $115 and $165 per hour for firms that deal almost exclusively with insurance matters

The good news is neither your nor your family were apparently injured, but it has been my experience that the longer a settlement is delayed the more likely it is that a claimant will begin to notice a dull ache in their neck, or back, or  soft tissues, that are impossible to find on x-ray, MRIs, or CAT scans, and this pain seems to become more pronounced and severe the longer settlement takes.

Life is no joke but funny things happen

jon

[Lawdog]

I'm driving home from work at 8pm tonight.  Three cars are behind me weaving in and out of traffic and going about 70mph.  The speed limit is 45mph.  I'm in the left lane because I had passed someone doing about 30mph up the mountain pass.

Anyway, these three cars go flying by me on the right hand side and disappear around a corner.  When I get around the corner, I am about 30 yards away from the last car that passed me and is spinning around in the middle of the road.  There is no place for me to go.....

Bang!  I crash right into his broadside while he is spinning around.  There were 6 witnesses, and the cops arrested the 18 year old for reckless driving.

Now I have no vehicle or way to get to work!  The State Police had to drive me home - <pout>

Believe it or not I do know how you are feeling.  But look on the bright sides.  The Police DID arrest the 18 year old kid and they DID give you a lift home.  I know many places where the Police would have just called you a cab or called for a friend to come and get you.  Lawdog
 

[BamBams]

Well...I was able to get a rental jeep, at my own expense, so I can get to work now.  What a huge relief!  On everyone's advice, I just met with an attorney, and they seem eager to help me get reimbursed for my grief, injuries, and inconvenience.  I've also got a doctor's appointment tomorrow.

I still haven't heard whether or not the other guy's insurance is going to total my truck or not, but it seems likely.

Time will tell - thanks again everybody!

[mjbgalt]

good to hear that youre able to work and this wont be any worse than your vehicle being damaged.

its just that easy for someone's life to come unraveled and i am sure we were all hoping yours wasn't on that track.

i guess we all take that risk every day though.

 

-Matt

[williamlayton]

Bams-
Seems things are going about as well as they could with the circustances.
Make sure any settlement covers attorney fees or you culd still be left with a deficit.
Praying
Blessings

[mr.frosty]

On a sad note: not far from where I live,an 18 year old is facing the rest
of his life in prison for drag racing after causing a fatal wreck claiming
the life of an 18 year old girl which the mustang he was driving
slammed in the back of the vehicle the girl and her friend were in.
The victims vehicle was "shoved" thru a traffic light and stopped 300 feet
from point of impact and burst into flames killing the one girl and
sending the other girl to the burn center in Nashville at Vanderbilt.
The young man is charged with 2nd degree murder and attempted 2nd
murder.
The girl that succumbed in the crash had just won homecoming queen on
friday night and was killed the next.
The police said his car was"souped up."  Estimated speed was 120 mph.
It's just senseless.

[Graybeard]

Most insurance companies offer a road side assistance plan which covers you renting a vehicle when yours is damaged in a wreck no matter who is at fault. It costs me less than $20 a year.